Passing It On: Estate Planning for Families
Podcast by Michael Pevney
California estate planning lawyer Michael Pevney discusses various topics regarding the important world of estate planning. Living trusts. Revocable t...
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172 episodesFree Estate Planning Strategy Session for California Residents www.ocestateplanlawyer.com Avoiding probate should be a key part of your estate planning strategy. Here are the top four reasons why: First, probate can be a lengthy process, often taking months or even years to settle, which delays your loved ones from accessing their inheritance. Second, the probate process is public, meaning anyone can access details about your estate—avoiding probate helps keep your financial affairs private. Third, probate can be expensive, with legal fees and court costs eating into the value of your estate, so probate avoidance can save your heirs money. Finally, by avoiding probate, you maintain control over how and when your assets are distributed, rather than leaving those decisions in the hands of the court. If you want to learn more about how to avoid probate and ensure your estate plan is airtight, follow me for more estate planning tips and strategies. #EstatePlanning #LivingTrust #FillThatBucket #Pevney #financialfreedom #orangecounty
Free Estate Planning Strategy Session for California Residents www.ocestateplanlawyer.com Did you know that creating a living trust is one of the best ways to avoid probate and ensure a smooth transfer of your assets to your loved ones? A living trust, also known as a revocable trust, allows you to place your assets into a trust during your lifetime while still maintaining control over them. Upon your passing, the assets held in the living trust can be distributed directly to your beneficiaries without going through probate. This is a highly effective probate avoidance strategy because it bypasses the court process entirely, saving your family time, money, and stress. Many people searching for ways to avoid probate discover that a living trust offers privacy and flexibility, as the details of the trust do not become public record like a will. By funding your living trust with assets such as real estate, bank accounts, and investments, you can ensure that your estate is managed according to your wishes without the delays and costs associated with probate. In addition to probate avoidance, a living trust can also help with incapacity planning, allowing a trustee to manage your assets if you become unable to do so. Estate planning professionals often recommend a living trust as part of a comprehensive strategy to avoid probate and protect your legacy. If you’re researching how to avoid probate, be sure to consider the benefits of a living trust. If you live in California, Follow the link in my profile to make an appointment, and let’s discuss how a living trust can fit into your estate plan and help you avoid probate. Don’t wait—take action now to protect your estate and ensure your family is taken care of without unnecessary complications. #EstatePlanning #LivingTrust #FillThatBucket #Pevney #financialfreedom #orangecounty
Free Estate Planning Strategy Session for California Residents www.ocestateplanlawyer.com "Can you refinance a home that’s inside a living trust? The answer is yes, and I’m breaking down exactly how it works in this video. If you’ve placed your home in a revocable living trust to protect your estate and you’re thinking about refinancing, you don’t need to worry! Lenders are typically comfortable with properties held in trusts, and the process isn’t much different than a regular refinance. But there are a few key steps to know about before moving forward. In this video, I’ll cover what lenders look for, how the trust impacts the refinance process, and what paperwork you’ll need to have on hand. As an estate planning attorney in California, I help clients protect their assets while navigating the ins and outs of estate planning, including refinancing a home held in a trust. If you live in California and have questions about this process, or want to schedule a consultation, click the link in my bio. #LivingTrust #Refinance #EstatePlanning #CaliforniaAttorney #TrustsAndWills #HomeOwnership #EstatePlanning #LivingTrust #FillThatBucket #Pevney #financialfreedom #orangecounty
Free Estate Planning Strategy Session for California Residents www.ocestateplanlawyer.com Are you considering adding your child’s name to your home’s deed and creating a joint tenancy with right of survivorship? This estate planning strategy can be a smart move to avoid probate and ensure a smooth transfer of property ownership. However, before you take that step, it’s important to understand the pros and cons of this approach and how it affects your overall estate plan. Adding a child to the deed as a joint tenant is a popular estate planning tool because it allows the property to bypass probate upon your death. This means the property automatically transfers to your child without the delays and expenses often associated with the probate process. For homeowners, this can be a valuable way to ensure your assets are protected and passed on according to your wishes. However, there are potential drawbacks to be aware of. One of the biggest concerns is the tax implications. By adding your child to the deed, you could trigger gift taxes, and your child may face significant capital gains taxes when they eventually sell the property. Unlike an inheritance, where the property’s value gets a “step-up in basis,” adding your child to the deed could result in them owing more in taxes if the home’s value has appreciated. Another critical factor is control. Once your child is added to the deed, they become a co-owner of the property, and you can’t remove them without their consent. This could lead to complications if your child encounters financial difficulties, such as bankruptcy or divorce, as their ownership stake could be at risk. Creditors might even place a lien on the property, putting your home in jeopardy. For those considering Medicaid eligibility in the future, it’s essential to know that adding your child to the deed could be considered a gift, which might affect your ability to qualify for Medicaid benefits. This could have serious implications if you need long-term care, so it’s crucial to factor this into your decision-making. Family dynamics can also come into play. If you have more than one child, adding just one to the deed might create tension or disputes among siblings. Estate planning is about more than just the legal aspects; it’s about preserving family harmony as well. Be sure to consider how this decision will affect your relationships and your legacy. In summary, while adding your child to your home’s deed as a joint tenant with right of survivorship can be a useful estate planning strategy, it’s not without risks. This approach can help avoid probate and provide some peace of mind, but the potential tax consequences, loss of control, and impact on Medicaid eligibility need to be carefully weighed. Consulting with an estate planning attorney can help ensure that this strategy aligns with your overall goals and financial situation. Watch the full video for a detailed explanation of how this strategy works and whether it’s right for you. Don’t miss out on protecting your home, your assets, and your family’s future. #EstatePlanning #RealEstate #AvoidProbate #HomeOwnership #JointTenancy #TaxPlanning #MedicaidPlanning #ProtectYourAssets #FamilyFinance #FillThatBucket”
Free Estate Planning Strategy Session for California Residents www.ocestateplanlawyer.com When somebody is either in the hospital or on hospice care, estate planning can be very difficult. We want to avoid this by planning ahead. However, crisis, or deathbed planning is something that can sometimes be done. Estate planning is always important, but it’s not always urgent. But sometimes when it’s urgent, it can be too late. #Hospice #EstatePlanning #LivingTrust #FillThatBucket #Pevney #financialfreedom #orangecounty
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